DDW-2024-007911

195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144830 • Salt Lake City, UT 84114-4830
Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
State of Utah
Department of
Environmental Quality
Kimberly D. Shelley
Executive Director
DIVISION OF DRINKING WATER
Nathan Lunstad, P.E.
Interim Director
SPENCER J. COX
Governor
DEIDRE HENDERSON
Lieutenant Governor
December 19, 2023
Trail Canyon Residents Association
Attn: Charles Reynolds
6590 W. UT-31
Unit 21
Huntington, UT 84528
Subject: Administrative Order: “Approved” Rating Determination for Trail Canyon Residents
Association Water System UTAH08043
Dear Charles Reynolds,
The Division of Drinking Water would like to inform Trail Canyon Residents Association of our decision
to change its status to the “Approved” rating in accordance with the Utah Drinking Water Rules. Enclosed
is the “Administrative Order: ‘Approved’ Rating Determination.”
We appreciate the efforts you have taken to be in compliance with Utah’s Drinking Water Rules. Those
rules were adopted to ensure safe, reliable drinking water and to protect public health. My staff and I
stand ready to continue to assist you. Please contact us if there is anything we can do to support you.
Sincerely,
Nathan Lunstad, P.E.
Interim Director, Division of Drinking Water
Enclosures: “Administrative Order: ‘Approved’ Rating Determination”, “IPS Report”
cc: Orion Rogers, Southeast Utah Health Department, [e-mail]
Russell Seeley, P.E. District Engineer, [e-mail]
Charles Reynolds, Trail Canyon Residents Association,
[e-mail] Christopher Brown, Environmental
Protection Agency-Region 8, [e-mail] Colt Smith.
Division of Drinking Water, [e-mail]
Diedre Beck, Division of Drinking Water, [e-mail]
EQDWMonitoring, EQDWCOA, and EQDWFS
Bret F. Randall, Assistant Attorney General, [e-mail] -or
Elizabeth A. Burns, Assistant Attorney General, [e-mail]
Kim Shelley, Utah Department of Environmental Quality, [e-mail]
Administrative Order: “Approved” Rating Determination
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UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF
DRINKING WATER
In the Matter of: ADMINISTRATIVE ORDER:
“APPROVED” RATING
DETERMINATION
Trail Canyon Residents Association
Docket No. UTAH08043-2023-1
This ADMINISTRATIVE ORDER: “APPROVED” RATING DETERMINATION
(“Order”), relating to the Trail Canyon Residents Association Water System (the “System”), has
been issued by the Director of the Utah Division of Drinking Water (“Director”) based on the
authorities and findings provided herein. Notice of this Order is being provided to Trail Canyon
Residents Association, a Utah nonprofit corporation, as the “Supplier” who is legally responsible
for the System.
STATUTORY AND REGULATORY AUTHORITY
1.In 1974, Congress enacted the federal Safe Drinking Water Act, codified at 42 U.S.C. § 300f et
seq, as amended. 42 U.S.C. § 300g-2 allows states to achieve primary enforcement
responsibility after the Environmental Protection Agency (“EPA”) has determined that the state
has adopted and can implement a state program that is no less stringent than the federal public
drinking water program (“Primacy”).
2.The Utah legislature has enacted the Utah Safe Drinking Water Act, codified at Utah Code §
19-4-101, with the intent of achieving Primacy.
3.Utah Code § 19-4-104 authorizes the Utah Drinking Water Board (the “Board”), among other
things, to make rules regulating public water systems in the state of Utah. Utah Code § 19-4-
104(1)(c)(vi) charges the Board to “meet the requirements of federal law related or pertaining
to drinking water.” The Board has promulgated the Utah Public Drinking Water Rules,
codified at Utah Administrative Code (“UAC”) R309.
4.In 1980, the EPA Administrator determined, in accordance with 40 C.F.R. § 142.11, that the
Utah public drinking water program met the federal requirements for Primacy. See 45 Fed.
Reg. 6647 (January 29, 1980). In accordance with 40 C.F.R. § 142.17, the EPA Administrator
has reviewed, and continues to review annually, the Utah public drinking water program to
evaluate its continuing compliance with the requirements set forth in 40 C.F.R. Part 142. The
Board has defined public water systems under the Utah Public Drinking Water Rules, UAC
R309-110-4.
5.UAC R309-100-7 requires the Director to “assign a rating to each public water supply in order
to provide a concise indication of its condition and performance” in accordance with R309-
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400. This rule is generally known as the Improvement Priority System (“IPS”) rating system.
6.The IPS rating system “is a point system used by the division to evaluate a public water
system’s performance and compliance with the drinking water rules in Title 309,
Environmental Quality, Drinking Water.” UAC R309-400-3(1). Under the IPS rating system,
each public water system is assigned a rating “to characterize the water system’s compliance
with drinking water rules and overall operation and performance.” UAC R309-400-3(2). The
IPS rating system is “used by the division to assign compliance ratings to public water systems
and to prioritize enforcement action based on points assessed for noncompliance with drinking
water rules.” UAC R309-400-1(1).
7.UAC R309-400-4(1)(a)(ii) directs the Director to establish “the point thresholds for assigning
an Approved or Not Approved rating for each type of water system.” For systems exceeding
the point threshold, the Director may issue a “Not Approved” rating. The thresholds are as
follows: (i) for community water systems, 150 points; (ii) for non-transient, non-community
water systems, 120 points; and (iii) for non-community water systems, 100 points.
8.UAC R309-400-4(4) allows the Director to assess points against public water systems upon
their failure to comply with Division directives and orders.
9.UAC R309-400-5(1)(b)(ii) allows the Director to rate any public water system as “Not
Approved” at any time if an immediate threat to public health exists.
10.UAC R309-400-5(1)(c) provides that a public water system may qualify for a “Corrective
Action” rating for its public water system “based on a current, written agreement with the
division to resolve underlying noncompliance according to a compliance schedule.”
11.Pursuant to Utah Code § 19-4-106(d), the Director may enforce rules promulgated by the
Board through the issuance of orders. See also UAC R309-100-8.
12.Utah Code § 19-4-107 provides that upon discovery of any violation of the Act or a rule of the,
the Director shall promptly notify the supplier of the violation, state the nature of the violation,
and issue an order requiring correction of that violation.
13.Utah Code § 19-4-109 provides that any person who violates the Act or a rule or order made or
issued pursuant to the Act may be subject to an administrative penalty of up to
$1,000 per day of violation or a civil penalty of up to $5,000 per day of violation.
14.The Director’s jurisdiction to issue this AO is based, in part, on Section 1447(a) of the Safe
Drinking Water Act, codified at 42 U.S.C. § 300j-6. The federal act provides that if a state has
achieved enforcement primacy, then federal agencies are subject to the jurisdiction of the state
agency with enforcement primacy. In directing federal facilities to be subject to and to comply
with all state requirements “in the same manner and to the same extent as any [non-
governmental entity,]” the explicit language of the federal act demonstrates Congress’ intention
that federal facilities be treated as any other public water system covered by the federal act and,
in turn, the state law (the Utah Safe Drinking Water Act) and rules that implement the federal
act. Thus, the Director is required to assert jurisdiction over the Supplier in this matter in the
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same manner and to the same extent as any non-governmental entity.
FINDINGS
Based on information in the Division’s administrative files, the Director makes the following
Findings for purposes of this Order:
1.The System is a public drinking water system within the meaning of the Utah Safe Drinking
Water Act and the Utah Public Drinking Water Rules.
2.The Supplier is the owner and/or operator of the System and is therefore legally responsible for
the System and for compliance with applicable laws, rules, and regulations.
3.The System qualifies as a Community Water System under the Utah Public Drinking Water
Rules. The maximum number of points allowed for this type of system is 150.
4.The System is currently rated as “Corrective Action”.
5.For the reasons stated in the Master IPS Report attached hereto as Exhibit A, the System has
been assigned 20 points. This number is below the threshold provided in the IPS Rule. The
Master IPS Report is incorporated herein by this reference.
6.On September 1, 2020, the Supplier entered into a Compliance Agreement Enforcement Order
(“CA/EO”) relating to the System. As reflected in the Master IPS Report and Division records,
the Supplier has achieved compliance with the requirements in the CA/EO.
ORDER
Based on the foregoing Findings and good cause appearing, IT IS HEREBY ORDERED as
follows:
1.The System is hereby rated as “Approved” under the Utah Public Drinking Water Rules.
2.The CA/EO dated September 01, 2020, is hereby closed.
GENERAL PROVISIONS
This Order does not in any way relieve the Supplier from any other obligation imposed under the
Act or any other state, federal, or local law, rule, or regulation.
1.Nothing contained in this Order shall preclude the Director from taking actions to include
additional penalties against the Supplier for future violations of State or Federal law.
2.The Date of Issuance shall be the date that this Order is signed by the Director.
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CONTEST AND APPEAL RIGHTS
1.This Order is effective immediately and shall become final unless the Supplier contests its
validity or correctness in writing within thirty (30) days of the date of its issuance. See
Utah Code Utah Code § 63G-4-102(2)(k). The validity or correctness of this Order may be
contested by filing a written Request for Agency Action in accordance with UAC R305-7.
Filing a request for a hearing or a general statement of disagreement is not sufficient under
Utah Code § 63G-4-201(3)(a) to preserve your right to contest the validity or correctness of
this Order. A request for Agency Action must include the information specified in UAC R305-
7. Contest proceedings are also governed by Utah Code Section 19-1-301. Failure to file a
Request for Agency Action within the period provided waives any right of administrative
contest, reconsideration, review, or judicial appeal. An extension is only available under UAC
R305-7.
2.To contest this Order, the Supplier must respond in writing and must comply with the
applicable procedural requirements found at UAC R305-7 and with the applicable
requirements of the Utah Administrative Procedures Act, including Utah Code §63G-4
201(3)(a) and (b). The Supplier’s written Request for Agency Action must be filed and served
in accordance with UAC R305-7-104(5) within 30 days of the date of issuance of this Order.
For U.S. Mail delivery under UAC R305-7, the Director’s address is Director, Division of
Drinking Water, P.O. Box 144830, Salt Lake City, UT 84114-4830.
IT IS SO ORDERED.
DATED this 19 day of December 2023.
DIVISION OF DRINKING WATER
By:
Nathan Lunstad, P.E.
Interim Director, Division of Drinking Water
CERTIFICATE OF SERVICE
I certify that I served a copy of Administrative Order: “Approved” Rating
Determination for Trail Canyon Residents Association Water System UTAH08043 via
registered mail to the following:
Commercial Agent Services, LLC REGISTERED MAIL #
Registered Agent
3212 South State Street
Salt Lake City, UT 84115
Charles Reynolds REGISTERED MAIL #
Administrative Contact
Trail Canyon Residents Association
PO Box 1406
Huntington, UT 84528
Name
Date